Could Getting a Traffic Citation Affect My Car Accident Claim?

Posted on behalf of Peter T. Nicholl in Car Accidents Published on July 7, 2020 and updated on March 7, 2022.

traffic citationGetting a traffic citation after a car accident can affect your claim in a number of ways. It could hurt your ability to recover compensation for your injury and damages or prevent you from pursuing compensation due to the violation, the actions of the other driver, and the direct cause of the crash.

It is important to note that traffic citations are just one form of evidence insurance companies use to determine fault in a car accident. For help filing a claim in which you may have caused or contributed to the crash, contact a member of our legal team to schedule a complimentary consultation today.

Does a Traffic Citation Demonstrate Fault in a Crash?

Although a traffic citation is not the only evidence needed to prove fault, there are certain situations where it clearly shows who is liable for the car accident.

For instance, a driver who is going too fast and loses control of his or her vehicle and hits another vehicle will likely receive a citation for speeding. The driver would be clearly at fault for the crash because had he or she not been exceeding the speed limit, the car accident would not have otherwise happened. The traffic citation would provide significant evidence that negligence occurred.

Contributory Negligence and Compensation

In any car accident case, it is vital to be aware of a unique law that could affect your ability to obtain a recovery. Maryland is one of a small number of states that adheres to the rule of pure contributory negligence. Under this rule, if you are found at all responsible for the car accident – even one percent – you will not be eligible to pursue any compensation for your injury and damages.

Our Maryland car accident lawyers know how difficult it can be to be compensated under this rule. If you have a valid claim and decide to move forward with us, we are prepared to conduct a detailed investigation into what happened so that you are not assigned fault for something you did not do.

What If the Other Driver Involved Was Also Cited?

If you and the other driver receive traffic citations, liability would likely be shared by both parties. This would be true regardless if the other driver involved received a traffic citation or multiple citations for violations. It would also apply if you were issued a citation that did not directly cause the car accident.

For instance, if you were cited for making a right turn without stopping, but the other driver ran the red light and hit your vehicle, you would both be partially responsible for the crash.

Let Us Help With Your Car Accident Claim

If you have been in a car accident that involved traffic citations, it is in your best interest to consult with an experienced lawyer as soon as possible. He or she will need to help you prove that negligence occurred and that you share no fault in the crash to avoid Maryland’s harsh rule on compensation.

Our lawyers at The Law Offices of Peter T. Nicholl are available to discuss your rights and potential legal options in a risk-free, no-obligation consultation. We charge nothing to meet with us or have us represent you. We only get paid at the end of the legal process if we help you obtain compensation.

Learn more about filing a claim by calling 410-244-7005.